Alternative to Discipline Clears Senate Now Awaits Assembly Action

New Jersey Nurse, Nov/Dec 2004 by Rainer, Sharon

Legislation sponsored by Senators Joseph F. Vitale (D-19) and John A. Girgenti (D-35) which would require the New Jersey Board of Nursing to establish an "Alternative to Discipline Program" for licensees who are registered professional nurses, licensed practical nurses and other professionals subject to regulation by the nursing board, and who are suffering from substance abuse or other impairment of practice was approved by the Senate in a 38-0-0 vote. The measure now moves to the Assembly for consideration.

"With the nursing shortage at a dangerous level in New Jersey it is important to offer a program where medical professionals can seek help with a chemical dependency without fearing the outcome from coming forward," said Senator Vitale, the Chairman of the Senate Health, Human Services and Senior Citizens Committee. "The nurses in the State are highly trained professionals and we should help them get their lives back on track and back to offering excellent medical assistance to the public."

The bill, S1445, would provide that the program permit nurses to disclose their dependency in an intervention process. As part of the "Alternative to Discipline Program," the nursing board would oversee the licensee for the period that he or she seeks treatment and recovery. Also, the board would establish a five-member "Alternative to Discipline Committee" to review matters involving licensees suffering from chemical dependencies. The bill would require confidentiality during the intervention program.

Provisions of the bill directs the board to designate at least one intervention program to provide services under the program, and to delineate, in a formal agreement, the responsibilities of the intervention program and its relationship to the board. The bill also provides that the board shall establish a five-member Alternative to Discipline Committee to review matters involving licensees suffering from chemical dependencies or other impairments. The committee shall be comprised of two members of the board who are appointed by the president of the board, at least one of whom is a registered professional nurse (RN); two RNs with expertise in addiction recommended by the New Jersey State Nurses Association who represent a designated intervention program; and one individual designated by the Commissioner of Health and Senior Services. The committee will meet on a regular basis, and the executive director of the board and the director of the designated intervention program will serve as staff to the committee.

* accept from licensees, and from other members of the public, reports, with the individual's identity, concerning licensees who may be suffering from chemical dependencies or other impairments (a licensee who files a report with the committee under this provision shall be deemed to have discharged his duty to report an impairment to the board or division pursuant regulation or law);

The bill provides that the executive director of the board shall advise the committee of any information concerning a concurrent investigation or consumer complaints, as may be necessary to enable the committee to assess whether participation of a licensee in the program is appropriate.

The bill also provides that any information concerning the conduct of a licensee provided to the board pursuant to this bill, is confidential and shall not be considered a public or government record under N.J.S.A.47:1A-1 et seq. and N.J.S.A.47:1A-5 et al., pending final disposition of the inquiry or investigation by the board, except for information required to be shared with the Division of Insurance Fraud Prevention in the Department of Banking and Insurance to comply with the provisions of N.J.S.A.17:33A-9 or with any other law enforcement agency. If the result of the inquiry or investigation is a finding of no basis for disciplinary action by the board, the information shall remain confidential and shall not be considered a public or government record, except that the board may release the information to a government agency, for good cause shown, upon an order of the Superior Court after notice to the licensee who is the subject of the information and an opportunity to be heard.

The bill provides that five years following the effective date of the bill, the board shall determine, after study and consultation, whether the program established pursuant to this bill should be continued, altered, expanded or discontinued. If the board concludes that the program should be terminated, those licensees currently participating shall be permitted to continue with the confidentiality protections provided in the bill.

Finally, the bill provides that the board may, by regulation, revise the licensing fees charged pursuant to N.J.A.C.13:37-5.5 or establish a surcharge to these fees for costs related to the administration of the Alternative to Discipline Program and the committee established in the bill. The bill also provides that its provisions shall not be construed to require the board to fund the testing, specimen monitoring or treatment of a licensee who participates in the program.